Legal Opinion

Carson v. State

Court of Criminal Appeals of Texas

Decided October 30, 1901No. 2353PublishedCited by 3 opinions

The indictment charged appellant and Jim Carson jointly with the murder of Sip. Boss, on the 25th. day of December, 1900, by sho'oting him with a gun. At the trial Jim Carson was acquitted. It appears from the evidence that the parties had had previous difficulties and perhaps a law suit. They had made serious threats against each other. Deceased was drunk the day before he was killed.

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The indictment charged appellant and Jim Carson jointly with the murder of Sip. Boss, on the 25th. day of December, 1900, by sho'oting him with a gun. At the trial Jim Carson was acquitted. It appears from the evidence that the parties had had previous difficulties and perhaps a law suit. They had made serious threats against each other. Deceased was drunk the day before he was killed. He was killed at night out in the lane close to his horse lot; and after the killing his gun was found some ten feet from his body with an exploded shell in it which had recently been discharged. There were no…

1Opinion of the Court

HENDERSON, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at fourteen years confinement in the penitentiary; hence this appeal.

The court gave a charge on manslaughter, to which the appellant ob jected on the ground that it did not state the facts or acts of deceased upon which said charge was predicated, and refers us to Warthan v. State, 41 Texas Criminal Reports, 385. That was a ease where the adequate cause was a blow struck appellant by deceased causing him pain or bloodshed,—one of the adequate causes laid down by the statute. It was held in…

2Cited by3 opinions

  1. Middleton v. StateCourt of Criminal Appeals of Texas · 1944
  2. Saxton v. StateCourt of Criminal Appeals of Texas · 1991
  3. Saxton v. StateCourt of Criminal Appeals of Texas · 1991

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